COMMITTEE SUBSTITUTE

FOR

H. B. 4638


(By Delegates Beane, Brum, L. White, Douglas,

Gallagher and Staton)


(Originating in the House Committee

on Roads and Transportation)


[March 2, 1994]

A BILL to amend and reenact section twenty-three, article three, chapter seventeen-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to issuing unlimited Class A license plates to under-cover federal, state, county and municipal law-enforcement officials.
Be it enacted by the Legislature of West Virginia:

That section twenty-three, article three, chapter seventeen-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:
ARTICLE 3. ORIGINAL AND RENEWAL OF REGISTRATION; ISSUANCE OF CERTIFICATES OF TITLE.

§ 17A - 3 - 23. Registration plates to state, county, municipal and other governmental vehicles; use for undercover activities.

(a) Any motor vehicle designed to carry passengers, owned or leased by the state of West Virginia, or any of its departments, bureaus, commissions or institutions, except vehicles used by the governor, treasurer, vehicles operated by the department of public safety, not to exceed six vehicles operated by conservation officers of the division of natural resources, not to exceed ten vehicles operated by the arson investigators of the office of state fire marshal, and not to exceed sixteen vehicles operated by inspectors of the office of the alcohol beverage control commissioner, shall not be operated or driven by any person unless it shall have displayed and attached to the front thereof, in the same manner as regular motor vehicle registration plates are attached, a plate of the same size as the regular registration plate, with white lettering on a green background bearing the words "West Virginia" in one line and the words "State Car" in another line, and the lettering for the words "State Car" shall be of sufficient size to be plainly readable from a distance of one hundred feet during daylight.

(b) Such vehicle shall also have attached to the rear a plate bearing a number and such other words and figures as the commissioner of motor vehicles shall prescribe. The rear plate shall also be green with the number in white.
(c) Except as otherwise provided in subsection (d) herein, on registration plates issued to vehicles owned by counties, the color shall be white on red with the word "County" on top of the plate and the words "West Virginia" on the bottom. On any registration plates issued to a city or municipality, the color shall be white on blue with the word "City" on top, and the words "West Virginia" on the bottom. The colors may not be reversed and shall be of reflectorized material. The commissioner is hereby authorized to designate the colors and design of any other registration plates that are issued without charge to any other agency in accordance with the motor vehicle laws. The registration plates issued to counties, municipalities and other governmental agencies authorized to receive colored plates hereunder shall be affixed to both the front and rear of such vehicles: Provided, That
(d) Upon application, and payment of fees, and submission of an affidavit signed by the chief law-enforcement officer of any federal, state, county or municipal law enforcement department, bureau or agency stating that the vehicle or vehicles for which the plates are requested will be used only for official law-enforcement activities, the commissioner is hereby authorized to issue a maximum of five Class A license plates per applicant to be used by federal or state departments, bureaus or agencies, county sheriffs and municipalities on law-enforcement vehicles while engaged in undercover investigations. No other registration plate shall be issued for, or attached to, any such state-owned vehicle.
(e) The commissioner of motor vehicles shall have a sufficient number of both front and rear plates produced to attach to all state-owned cars. The numbered registration plates for such vehicles shall start with the number "five hundred" and the commissioner shall issue consecutive numbers for all state-owned cars.
(f) It shall be the duty of each office, department, bureau, commission or institution furnished any such vehicle to have such plates affixed thereto prior to the operation of such vehicle by any official or employee.
(g) Any person violating the provisions of this section shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than fifty dollars nor more than one hundred dollars.
(h) Magistrates shall have concurrent jurisdiction with circuit and criminal courts for the enforcement of this section.